June 15, 2012

68. Report on Partition of Property Act

Partition and sale in lieu of partition are remedies available to a co-owner of land who wishes to end the co-ownership without the consent of other co-owners. In British Columbia these remedies are partly governed by the Partition of Property Act.  Much of the Act consists of procedural provisions that Read more…

67. Report on Restrictive Covenants

Covenants that run with land can protect important interests and amenities against incompatible patterns of land use.  Unlike normal contracts, they may be enforced against successive owners who are not parties to the covenant.  Under existing law, covenants must be “negative” or “restrictive” (imposing a prohibition) in order to “run Read more…

66. Report on Joint Tenancy

Some of the common law rules governing joint tenancy are not in keeping with present-day circumstances.  This report makes numerous recommendations for the reform of the law of joint tenancy to remove some of its more anachronistic features and allow this very popular way of holding land to better serve Read more…

65. Report on the Doctrine of Implied Grant: the rule in Wheeldon v. Burrows

The doctrine of implied grant, also known as the rule in Wheeldon v. Burrows, may apply in some circumstances when a landowner transfers part of the land and retains the rest.  It allows for implied easements to arise over the land retained so as to allow reasonable use of the Read more…

64. Report on Section 35 of the Property Law Act

Section 35 of the Property Law Act allows the Supreme Court of British Columbia to remove or modify certain kinds of registered charges from the title to land on various grounds, including obsolescence.  This report examines section 35 and its judicial interpretation in depth. It considers whether the section should Read more…